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MATTER OF R.C. 27TH AVENUE REALTY CORP. v. CITY OF NEW YORK

278 A.D.2d 142 (2000)

717 N.Y.S.2d 594

In the Matter of R.C. 27TH AVENUE REALTY CORP., Appellant, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 21, 2000.

Even if petitioner's claim, essentially one for breach of contract, had been appropriately asserted in its application for relief pursuant to CPLR article 78 (see, Abiele Contr. v New York City School Constr. Auth., 91 N.Y.2d 1, 7-8), the petition remains subject to dismissal on the merits. In view of petitioner's excessive delay in performing pursuant to the contract and its other non...

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